Harare – Mazowe North Member of Parliament, Tsungai Makumbe (Zanu-PF), has been acquitted of rape charges stemming from allegations made by his 23-year-old ex-wife. The case, which involved accusations of rape at gunpoint, has captivated and divided public opinion since the initial report.
Harare magistrate Clever Tsikwa delivered the ruling on Wednesday, stating that the state had failed to provide sufficient evidence to prove its case beyond a reasonable doubt. The courtroom was packed as the verdict was read, with observers eager to hear the outcome of the highly publicised trial.
The prosecution’s case rested on the allegation that the rape, which purportedly occurred in Mt Pleasant in November 2022, resulted in a pregnancy and the transmission of a chronic illness to the complainant.
According to the prosecution, on the night of the alleged incident, Makumbe went to his ex-wife’s residence around 10 PM and summoned her to meet him at the gate. Upon her arrival, she entered Makumbe’s vehicle.
“The accused person pulled out a greyish pistol and placed it on the dashboard. He got out of the car from the driver seat and proceeded to the passenger seat where the complainant was seated and opened the passenger door where the complainant was seated and started to demand sex from the complainant,” the National Prosecuting Authority had stated in its charge sheet.
It was further alleged that Makumbe then “suddenly pulled the complainant’s left leg down and twisted it and that led the complainant to stand on the ground.”
The prosecution argued that Makumbe then forced the complainant to bend over and proceeded to rape her once without using protection.
The alleged rape was not immediately reported to the authorities. However, it was claimed that Makumbe gave the complainant US$20 to purchase morning-after pills in an attempt to prevent pregnancy.
However, Magistrate Tsikwa, in his ruling, stated that the court found inconsistencies and contradictions in the woman’s testimony, ultimately undermining the credibility of her account.
“The complainant’s version has many inconsistencies and lies. She attempted to paint the accused wrongly,” Tsikwa said.
The magistrate further noted that there was a lack of corroborating evidence to support the complainant’s claims.
John Ndomene, representing the lawmaker, successfully argued that the prosecution’s case was weak and lacked the necessary evidence to secure a conviction.
The initial allegations, which surfaced earlier this year, had sent ripples through Zimbabwe’s political and social circles.
The prosecution alleged that Makumbe, a prominent figure within the ruling Zanu-PF party, had forced his ex-wife into sexual intercourse at gunpoint. The incident, according to the prosecution, left the woman traumatised and facing the devastating reality of contracting HIV.
The details presented by the prosecution painted a disturbing picture. It was alleged that Makumbe approached his ex-wife’s residence around 10 pm and called her outside.
When she complied, he allegedly proposed love to her, which she refused. It was at this point that Makumbe allegedly pulled out a grey pistol and placed it on the dashboard of his car.
“The accused person pulled out a greyish pistol and placed it on the dashboard. He got out of the car from the driver seat and proceeded to the passenger seat where the complainant was seated and opened the passenger door where the complainant was seated and started to demand sex from the complainant.”
“The accused person suddenly pulled the complainant’s left leg down and twisted it and that led the complainant to stand on the ground.”
Makumbe then allegedly forced his ex-wife to bend over before raping her without protection. The incident was not reported immediately. However, Makumbe is alleged to have given the complainant US$20 to buy morning-after pills to prevent pregnancy.
Following the alleged rape, the woman sought treatment at Parirenyatwa Hospital, where she tested positive for HIV. It was only on September 2nd of this year that she filed a report with the authorities.
Makumbe appeared before magistrate Marehwanazvo Gofa on September 3rd, facing charges of rape. He was remanded out of custody and bail issues did not arise because he was coming from home.
The prosecution, initially represented by Lancelot Mutsokoti, laid out the allegations in court, portraying a grim picture of abuse of power and violence. The case sparked considerable public outcry, with many taking to social media to demand justice for the complainant and accountability for Makumbe.
